Manx Care criticised for multiple failings in handling of Freedom of Information case

Information Commissioner finds exemptions justified but highlights significant procedural errors

The Isle of Man's Information Commissioner has issued a decision notice following a complaint about Manx Care's handling of a Freedom of Information request.

While the commissioner upheld parts of the request's refusal, several procedural failings were identified in how the initial request and review were managed.

The applicant had sought detailed information related to an incident review form and associated processes.

Manx Care refused the request, citing exemptions under section 25 of the Freedom of Information Act 2015 (absolutely exempt personal information) and practical refusal reasons under section 11(3).

The commissioner ultimately found that these exemptions were applied correctly and that Manx Care was justified in withholding the information.

However the commissioner criticised Manx Care's handling of the initial request highlighting multiple failures:

• Not responding within the standard processing period
• Failing to justify its refusal of the initial request
• Did not respond to the applicant’s request for an internal review until the Information Commissioner became involved
• Neglected its duty to conduct a reasonable search for the information before responding.

As a result, the commissioner partially upheld the applicant's complaint and has required Manx Care to provide documentation on its FOI processes and training for further review.

Both parties were given the right to appeal the decision within 28-days.

Dr Alexandra Delaney-Bhattacharya, the Information Commissioner, stated that public authorities must ensure proper searches are conducted across all areas when responding to FOI requests.

Manx Radio has approached Manx Care for comment.

In a statement, the health body said:

"The decision notice relates to an FOI request made to Manx Care in June last year, and Manx Care accepts the points raised by the Information Commissioner.

"Manx Care has continued to work hard to put in place a series of measures to improve data and information request turnaround times, and has been responding appropriately and within the timeframes to the majority of requests made to the organisation.

"The volume of requests Manx Care receives each month has steadily increased as awareness surrounding access to and availability of data is far greater than a couple of years ago.

"Manx Care is also proactively publishing significantly more information and data than has been made available historically, in an effort to provide more transparency and to avoid the need for some FOI requests.

"Manx Care also has to carefully balance the number of colleagues assigned to handling such information requests, as our priority will always remain the delivery of high quality and safe care to our patients."